![]() Protecting your logo by copyright: how to prove your rights with the service?.This double protection is not an obligation, but it could be used to protect an important logo. This phenomenon is called the cumulation of intellectual property rights. For more precautions, it may be wise to register a trademark while at the same time obtaining evidence to claim copyright. However, trademark law and copyright law can be complementary to ensure the overall protection of a logo. It is therefore advisable to obtain proof of anteriority to assert one’s rights more easily. The protection granted by copyright often appears to be more than sufficient. Most creators and web designers opt for copyright protection because the cost is lower, plus the protection is automatic and immediately international. Copyright is valid for a shorter period, up to 70 years after the death of the author, which is still sufficient.Copyright does not protect against similar copying, but against copying of a substantial part of a work, which is potentially less broad.Proof of originality and ownership of the logo can be difficult to provide.Copyright protection is international under the Bern Convention, which allows protection to be valid in over 175 countries.The scope of protection is not limited to specific goods and services, but applies to the work itself, regardless of the field.It is also possible to bring an infringement action against an identical or substantial copy of the logo by another design or trademark, or to oppose a trademark application that would infringe the copyright of the logo.For more information: copyright protection. However, it is advisable to build up proof to be able to attest the date and ownership of the creation, using means of proof of anteriority, such as the certificate. This right is acquired automatically by the mere fact of the materialisation of a creation, there is no need to register. It is an exclusive intangible property right that is enforceable against all.Ī logo can be protected by copyright law since, provided it meets the condition of originality, it is fundamentally a graphic artwork. This protection is valid for 70 years after the death of the author. This law protects intellectual works, which covers a wide range of creations : books, drawings, music, films, software, etc. Protection is also limited in terms of territory, as it is only valid in the country where the trademark is registered: this is the principle of territoriality.Protection is limited to the classes of goods and services selected at the time of filing: this is the principle of speciality.A trademark is subject to an obligation of use, i.e., if the logo is not effectively used for 5 years, then any third party can request its revocation. ![]() Protection is not automatic a filing is required which involves the payment of fees and an examination by the INPI.The conditions for filing a trademark, notably distinctiveness and availability, can be difficult to meet.The trademark lasts as long as it is used and renewed.Trademark law protects against identical or similar copying by another trademark, via the possibility of opposing a trademark application or via an infringement action.It is easy to prove trademark rights through registration. ![]()
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